Who Does DOT Regulation 49 CFR Part 40 Cover?

The Department of Transportation (DOT) rule 49 CFR part 40 describes the required procedures for conducting workplace drug testing and alcohol testing. It covers all individuals in the federally regulated transportation industry. All DOT agencies must abide by this part when appointing individuals to safety-sensitive positions within the transportation sector.

DOT rule 49 CFR part 40 covers all parties who conduct the drug and alcohol tests that are required by DOT. It explains regulations around how to conduct drug and alcohol tests and what procedures to follow.

These personnel include:

• Employees who are being tested for drug and alcohol violations
• Employers of these employees
• Urine collection personnel (Learn more in "Who will administer my urine drug testing?")
• The drug testing laboratories that carry out urine specimen analysis
• Medical review officers assigned to evaluate the results of an individual's drug test
• Alcohol testing personnel
• Substance abuse professionals (SAPs). These are the specially trained personnel who help employees that are struggling with drug and/or alcohol addiction.
• Designated Employer Representatives (DERs). This is either the employer or an employee who is authorized to determine when a safety-sensitive employee may be removed from duty.

Ultimately, DOT rule 49 CFR part 40 covers the activities of transportation employers, safety-sensitive transportation employees (such as self-employed individuals, contractors and volunteers as covered by DOT agency regulations), and service agents.